A legal representative under M V Act
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child, the Supreme Court (SC) says in Sadhana Tomar & Others v Ashok Kushwaha & Others.
No narrow interpretation to exclude dependents
The SC adds that the term legal representative under the Motor Vehicle Act, 1988 (M V Act) should not be given a narrow interpretation to exclude those persons as claimants who were dependent on the deceased’s income.
Independent relative will come under legal representatives
In the above case SC says that the father and younger sister of the deceased, both not financially independent, would fall under the definition of legal representatives for the purpose of claiming the compensation under the MV Act.
They were considered as dependents upon the income of the deceased, as he was doing wholesale business of selling fruits to meet the day-to-day expenses of the family.
SC judgements referred to
The SC clarified in Gujarat SRTC v Ramanbhai Prabhatbhai [(1987) 3 SCC 234] that compensation is not limited to spouses, parents, or children but extends to all individuals affected by the deceased’s death.
In N. Jayasree v. Cholamandalam MS General Insurance Company Ltd. [(2022) 14 SCC 712],the SC says that Section 166 of the MV Act makes it clear that every legal representative who suffers on account of the death of a person in a motor vehicle accident should have a remedy for realisation of compensation.
References
- Sadhana Tomar & Others v Ashok Kushwaha & Others
- Gujarat SRTC v Ramanbhai Prabhatbhai [(1987) 3 SCC 234]
- N. Jayasree v. Cholamandalam MS General Insurance Company Ltd. [(2022) 14 SCC 712]
